August 30, 2021

Shale Law Weekly Review – Week of August 30, 2021

Pipelines: The American Petroleum Institute Announces Publication of Updated Pipeline Control Systems Cybersecurity Standard
On August 18, 2021, the American Petroleum Institute (API) released its 3^rd edition of Standard 1164, Pipeline Control Systems Cybersecurity. This publication is designed to provide guidance for the strategic protection of the national critical infrastructure against cyber-attacks. API stated that this “expansion of the standard supports the Biden administration’s national security priorities as well as the United Nations Sustainable Development Goal (UNSDG) 9 for resilient infrastructure.”

Mergers and Acquisitions: Federal Trade Commission Chair to Investigate Unlawful Business Practices in the U.S. Gasoline Market
On August 25, 2021, the Chair of the Federal Trade Commission (FTC), Lina M. Khan, wrote a letter to the National Economic Council Director, Brian Deese, in reply to his request earlier this month, on behalf of the White House, to investigate potential illegal business practices in the U.S. gasoline market, leading to higher prices at the pump. In the letter, Khan observed that FTC’s “approach to merger review in recent years has enabled significant consolidation, particularly when it comes to retail fuel outlets.” In this regard, FTC committed to: (1) “identify additional legal theories to challenge retail fuel station mergers where dominant players are buying up family-run businesses;” (2) take “steps to deter unlawful mergers in the oil and gas industry;” and (3) direct staff to “investigate abuses in the franchise market.”

Shale Law/Policy Resources of Interest:

Charles Sartain, Louisiana Land Damage Claim Can’t Survive Prescription and Subsequent Purchaser Rule (August 27, 2021).

George A. Bibikos, At the Well Weekly, (August 20, 2021).

AGENCY PRESS RELEASES – STATE/FEDERAL

Pennsylvania Department of Environmental Protection

Wolf Administration Continues Combatting Litter, Urges Public to Stop Costly and Unsightly Practice [Roadways Available for Adoption, Business Sponsorship] (August 25, 2021).

U.S. Department of Energy

DOE Announces $54 Million to Increase Energy Efficiency in Microelectronics Technologies (August 25, 2021).

U.S. Environmental Protection Agency

EPA Urges Communities in Hurricane Ida’s Path to Avoid Indoor Air Dangers, Use Generators Safely (August 27, 2021)

EPA Settles with Chevron, Levies Penalty, for Hazardous Waste Violations at Montebello, CA Facility (August 26, 2021)

Solar Panel Installation Begins at Allied Chemical & Ironton Coke Superfund Site in Ironton, Ohio (August 25, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 51, No. 35—August 28, 2021)

51 Pa.B. 5361 Rules and Regulations: “Water Quality Management and National Pollutant Discharge Elimination System Permit Application and Annual Fees [Affecting 25 Pa. Code Chapters 91 and 92a].”

51 Pa.B. 5495 Notice: “Oil and Gas Technical Advisory Board Meeting [Sept. 9].”

51 Pa.B. 5505 Notice: “Policy Proceeding—Utilization of Storage Resources as Electric Distribution Assets Additional Questions.”

51 Pa.B. 5519 Notice: “Projects Approved for Consumptive Uses of Water [Susquehanna River Basin].”

Pennsylvania Legislature

HB 20 “An Act providing for registration of extraordinary nonmunicipal water users; imposing a water resource fee; establishing the Water Use Fund; and providing for submission of a question to the electorate authorizing incurring of indebtedness for water-related environmental initiatives.” Referred to Environmental Resources and Energy [House] (August 24, 2021).

HB 1801 “An Act amending the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law, further providing for procedure for licensing as professional engineer.” Referred to Professional Licensure [House] (August 24, 2021).

Upcoming Meeting: House Environmental Resources and Energy Meeting on Thursday, September 2, 2021.

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register August 23–August 27, 2021):

Energy Department

86 FR 48058 Proposed Rule: “Energy Conservation Program: Energy Conservation Standards for Distribution Transformers, Webinar and Availability of the Preliminary Technical Support Document” (August 27, 2021).

86 FR 47744 Proposed Rule: “Energy Conservation Program: Energy Conservation Standards for Manufactured Housing” (August 26, 2021).

86 FR 47482 Notice: “Energy Conservation Program for Consumer Products: Representative Average Unit Costs of Energy” (August 25, 2021).

Federal Energy Regulatory Commission

86 FR 48132 Notice: “Transcontinental Gas Pipe Line Company, LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Happytown Abandonment Project” (August 27, 2021).

86 FR 48135 Notice: “The Office of Public Participation; Notice of Virtual Workshop on Technical Assistance [Pacific Northwest National Laboratory (PNNL) to discuss technical assistance in electric proceedings, solicit public input on their technical assistance needs, and way to increase participation; meeting on Sept. 16]” (August 27, 2021).

86 FR 47562 Rule: “Data Collection for Analytics and Surveillance and Market-Based Rate Purposes [Related to Upstream Affiliates]” (August 26, 2021).

86 FR 47485 Notice: “Climate Change, Extreme Weather, and Electric System Reliability; Correction” (August 25, 2021).

86 FR 47487 Notice: “Guardian Pipeline, L.L.C.; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (August 25, 2021).

86 FR 47095 Notice: “Tennessee Gas Pipeline Company, L.L.C.; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (August 23, 2021).

Homeland Security Department

86 FR 47840 Rule: “Cybersecurity Talent Management System [to Recruit, Train, and Retain Those with Talent in Cybersecurity” (August 26, 2021).

Nuclear Regulatory Commission

86 FR 47166 Notice: “Information Collection: Requirements for Renewal of Operating Licenses for Nuclear Power Plants” (August 23, 2021).

Pipeline and Hazardous Materials Safety Administration

86 FR 47734 Notice: “Pipeline and Hazardous Materials Safety Administration Pipeline Safety: Request for Special Permit; Sabal Trail Transmission, LLC [Petition for Higher Pressure Allowance for the STT Line 1 Pipeline]” (August 26, 2021).

Transportation Security Administration

86 FR 48239 Notice: “Intent to Request an Extension from OMB of One Current Public Collection of Information: Pipeline Corporate Security Review Program” (August 27, 2021).

House Energy and Commerce Committee Actions:

H.R.5124 “To establish a new Manufacturing Reinvestment Corporation in the Department of Commerce, to develop and monitor a national manufacturing strategy, to identify and address supply chain weaknesses and align manufacturing with strategic opportunities and imperatives through local multi-stakeholder Manufacturing Renaissance Councils, and for other purposes.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Financial Services, and Agriculture. . . (August 27, 2021).

H.R.5089 “Next Generation Fuels Act of 2021 [‘To promote low-carbon, high-octane fuels, to protect public health, and to improve vehicle efficiency and performance, and for other purposes.’]” Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means. . . (August 24, 2021).

Senate Energy and Natural Resources Committee:

No relevant actions.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks August 23–August 27, 2021:

Solar Could Provide 40 Percent of US Power Generation by 2035, Biden Administration Say, The Hill

Wyoming Refinery to Turn into Renewables Facility, Rigzone

EIA Revised Down 2021 OPEC Petroleum Production Forecast, Oil & Gas Journal

Biden Administration Appeals Federal Court Decision to Block Oil, Gas Leasing Pause, Reuters

Permian Basin Oil and Gas Industry Continues to Consolidate in the Wake of COVID-19, Carlsbad Current Argus

Global Electric Power Demand Returns to Pre-Pandemic Levels, Washington Post

Colorado River Cutbacks Set Stage for Decade of Drought Politics, The Hill

API Updates Pipeline Cybersecurity Standard, Rigzone

Overt Signs of Covid Demand Pressures Are Here, Rigzone